Chicago & Eastern Illinois R. R. v. Rains

This was an action in case, in the Circuit Court of Franklin County, by defendant in error against plaintiff in error, to recover damages resulting from the death of defendant in error’s intestate. Trial by jury. Verdict and judgment in favor of defendant in error for $5,000.

The declaration consists of two counts, which as abstracted by counsel for plaintiff in error are as follows:

“ First Count. Charges that Bains was a fireman in the employ df defendant, and was firing a locomotive engine, and that defendant furnished for his use and directed him to use an engine that was not safe and not…